Filed: Mar. 09, 2018
Latest Update: Mar. 09, 2018
Summary: STIPULATION TO CONTINUE APPEAL BRIEFING SCHEDULE AND ORDER THEREON ORDER LAWRENCE J. O'NEILL , Chief District Judge . IT IS HEREBY STIPULATED by and between the parties hereto, UNITED STATES OF AMERICA and Defendant ARTHUR J. GRAVES (Hereinafter "the Parties"), that the February 1, 2018, briefing schedule set forth by Deputy Clerk C. Marrujo that 1) Appellant's Brief shall be served and filed within twenty-one days after filing of the appropriate transcripts (March 13, 2018), 2) Appellee
Summary: STIPULATION TO CONTINUE APPEAL BRIEFING SCHEDULE AND ORDER THEREON ORDER LAWRENCE J. O'NEILL , Chief District Judge . IT IS HEREBY STIPULATED by and between the parties hereto, UNITED STATES OF AMERICA and Defendant ARTHUR J. GRAVES (Hereinafter "the Parties"), that the February 1, 2018, briefing schedule set forth by Deputy Clerk C. Marrujo that 1) Appellant's Brief shall be served and filed within twenty-one days after filing of the appropriate transcripts (March 13, 2018), 2) Appellee'..
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STIPULATION TO CONTINUE APPEAL BRIEFING SCHEDULE AND ORDER THEREON
ORDER
LAWRENCE J. O'NEILL, Chief District Judge.
IT IS HEREBY STIPULATED by and between the parties hereto, UNITED STATES OF AMERICA and Defendant ARTHUR J. GRAVES (Hereinafter "the Parties"), that the February 1, 2018, briefing schedule set forth by Deputy Clerk C. Marrujo that
1) Appellant's Brief shall be served and filed within twenty-one days after filing of the appropriate transcripts (March 13, 2018),
2) Appellee's brief shall be served and filed within twenty-one days after filing of appellants brief (April 3, 2018), and
3) Appellant may serve and file a reply brief within seven (7) court days after service of appellee's brief be vacated.
GOOD CAUSE exists to vacate said brief scheduling in that criminal defense counsel was recently appointed from the Criminal Justice Act Panel (Eastern District, Fresno) and approved by this Court on February 27, 2018, to represent Defendant ARTHUR J. GRAVES. Defense counsel was advised of the approval on February 28, 2018, and was thereafter provided discovery and pleadings and attempted contact with Defendant ARTHUR J. GRAVES who is a transient and is difficult to reach and who has mental health issues. Defense counsel needs time to communicate with Defendant ARTHUR J. GRAVES and to determine how to proceed in light of ARTHUR J. GRAVES' mental health issues.
Therefore, the Parties have stipulated to the following briefing schedule:
1) Appellant's Brief shall be served and filed on or before April 6, 2018.
2) Appellee's brief shall be served and filed within twenty-one days after filing of appellants brief.
3) Appellant may serve and file a reply brief within seven (7) court days after service of appellee's brief.
The Court, having reviewed the above request for a Continuance of an Appeal Briefing Schedule and Proposed Order Thereupon, and having found good cause for the continuance,
HEREBY ORDERS AS FOLLOWS:
1) Appellant's Brief shall be served and filed on or before April 6, 2018.
2) Appellee's brief shall be served and filed within twenty-one days after filing of appellants brief.
Appellant may serve and file a reply brief within seven (7) court days after service of appellee's brief.
